Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas

In Marks and Spencer v BNP Paribas, the Supreme Court restated the law on the implication of terms in fact, rejecting the previously authoritative approach taken by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd. This article examines two major departures from Belize in Lord Neuberger's leading judgment: the treatment of implication as a process separate from interpretation, and a return to the ‘traditional tests’ for the implication of terms. It argues that these are retrogressive steps in our understanding of contract terms, which risk fostering an incoherent and unprincipled approach to the law.     

E-Documentation as Medical Services Quality Determinant on the Private Dentist＇s Surgery Example

The paper presents the modem management of health care institutions in the electronic medical document （EMD） context. Electronic medical document is in the form of software that provides a comprehensive system for the whole dentist＇s surgery management. The program allows for complete service of the patient in the private dentist by keeping records, archival photographs, the settlement of visits, and patient registration. It has been shown that technological innovation can fundamentally change the quality of the medical services in Poland, making a revolution in the management of budgetary expenditure. Electronic medical document is a system for the citizens of the 21st century. This is a new quality in healthcare administration, reimbursement systems, and most importantly patient care. Created based on specified standards and national standards, information databases ensure the reliability and comparability of data, and can be an analytical tool for health policy planning at various levels of the administration.     

Correction to: The Influence of Latinisms on the Quality of the Judgments of Polish Courts

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

From Brigade to Service: An Examination of the Role of Fire and Rescue Services in Modern Local Government

Over the last ten years, local government modernisation and the growth of community safety agendas have called for change in the public sector at a local level. This has been typified by partnership work, improvement and inspection and community governance. The fire and rescue services, despite some initial cultural difficulties, haveworked hard to adapt themselves to modern local government, for example through community fire safety work, which is presented as a case study. However, the culmination of the modernisation project, Comprehensive Area Assessment, does not favour the fire and rescue service, and to an extent excludes them from its formula. In this light, it seems that there is little incentive for the Fire Service to continue its modernising trajectory.     

Procedural justice and police legitimacy: a systematic review of the research evidence

Objectives

We undertook a systematic review and meta-analysis to synthesize the published and unpublished empirical evidence on the impact of police-led interventions that use procedurally just dialogue focused on improving citizen perceptions of police legitimacy.

Methods

The systematic search included any public police intervention where there was a statement that the intervention involved police dialogue with citizens that either was aimed explicitly at improving police legitimacy, or used at least one core ingredient of procedural justice dialogue: police encouraging citizen participation, remaining neutral in their decision making, conveying trustworthy motives, or demonstrating dignity and respect throughout interactions. The studies included in our meta-analyses also had to include at least one direct outcome that measured legitimacy or procedural justice, or one outcome that is common in the legitimacy extant literature: citizen compliance, cooperation, confidence or satisfaction with police. We conducted separate meta-analyses, using random effects models, for each outcome.

Results

For every single one of our outcome measures, the effect of legitimacy policing was in a positive direction, and, for all but the legitimacy outcome, statistically significant. Notwithstanding the variability in the mode in which legitimacy policing is delivered (i.e., the study intervention) and the complexities around measurement of legitimacy outcomes, our review shows that the dialogue component of front-line police-led interventions is an important vehicle for promoting citizen satisfaction, confidence, compliance and cooperation with the police, and for enhancing perceptions of procedural justice.

Conclusions

In practical terms, our research shows the benefits of police using dialogue that adopts at least one of the principles of procedural justice as a component part of any type of police intervention, whether as part of routine police activity or as part of a defined police crime control program. Our review provides evidence that legitimacy policing is an important precursor for improving the capacity of policing to prevent and control crime.     

Belarusian population genetic database for 15 autosomal STR loci

Allele frequencies of 15 short tandem repeat loci included in the AmpFlSTR Identifiler kit (Applied Biosystems) were obtained from a sample set of unrelated individuals living in Belarus (n=176). For all loci, no deviation from Hardy-Weinberg equilibrium was found. Results were compared with data available for the Belarusian minority residing in northeastern Poland and for other Slavic populations. Statistically significant differences were observed between Belarusians and all compared populations. The values of heterozygosity, polymorphic information content (PIC), power of discrimination (PD), power of exclusion (PE), paternity index (PI) and matching probability (pM) were calculated.     

The standard of care and expert evidence of accepted practice in medical negligence

The topic of this article is the perennial issue in medical negligence litigation of various kinds of the extent to which it is a defence to a charge of lack of reasonable care that the defendant's conduct complied with accepted professional practice. Recent English interpretations of the controversial Bolam principle are considered, before the current approach of the courts and the Health and Disability Commissioner in New Zealand is described, using case illustrations. In New Zealand expert medical opinion of accepted practice is relevant to, but not conclusive of, the standard of care. There is, however, more freedom than pursuant to the current English approach for a decision-maker to reject expert opinion of accepted practice, because he or she is able to examine not just the logical defensibility of the practice but its overall reasonableness, including where the practice involved a risk assessment on a matter of clinical judgment. A decision to reject expert opinion of accepted practice is more readily made in areas which do not involve assessment, diagnosis and treatment.